Venire - Law Dictionary Search Results
Home Dictionary Name: venireVenire facias de novo
Venire facias de novo, a second writ to summon another jury for a new trial.The venire de novo was the Old Common Law method of proceeding to a new trial, and differed materially from granting a new trial, inasmuch as it was awarded from some defect appearing upon the face of the record, while a new trial was granted for matter entirely extrinsic. Where a verdict could have been amended, a venire de novo was never awarded. If awarded, the party succeeding at the second trial was not entitled to the costs of the first. It has since been superseded by a trial de novo. The Court of Criminal Appeal can order a writ of venire de novo to issue, R. v. Crane, (1921) 2 AC 299, and R. v. Dennis, 40 TLR 420. See also NEW TRIAL....
venire facias
venire facias [Medieval Latin venire facias (juratores or juratam) may you cause (the jurors or the jury) to come (words used in the writ)] : a writ ordering a sheriff to summon a jury ...
venire
venire [probably from venireman] : a panel from which a jury is to be selected compare array ...
Nemo contra factum suum venire potest
Nemo contra factum suum venire potest. 2 Inst. 66, (No one can go against his own deed.) see ESTOPPEL....
Venire facias
Venire facias, a judicial writ awarded to the sheriff to summon a jury for the trial of a cause, but abolished by (English) C.L.P. Act, 1852, s. 104. It is the first process in outlawry, when a person charged with misdemeanour absconds, 4 Steph. Com....
Venire facias tot matronas
Venire facias tot matronas, a writ to summon a jury of matrons to execute the writ de ventre inspiciendo....
Nisi prius
Nisi prius, a Common Law phrase, which originated thus:An action was formerly triable only in the Court where it was brought. But it was provided by Magna Charta, in ease of the subject, that assizes of novel disseisin and mort-ancestor (which were the most common remedies of that day) should thenceforward instead of being tried at Westminster, in the superior Court, be taken in their proper counties, and for this purpose justices were to be sent into every county once a year to take these assizes there, 1 Reeves, 246. These local trials being convenient, were applied to other actions: for by the statute of Nisi Prius, 13 Edw. 1, st. 1, t. 30, as the general course of proceedings, writs of venire for summoning juries to the superior courts are in the following terms:-P'cipius tibi quod venire facias coram Justiciariis nostris apud Westm. In Octavis Sancti Michaelis Nisi talis et talis, tali die et loco, ad partes illas venerint duodecim, etc. Thus the trial was to be had at Westminster...
strike
strike struck struck also: strick·en strik·ing vi 1 : to remove or delete something 2 : to stop work in order to force an employer to comply with demands vt 1 : to remove or delete from a legal document and esp. from the record of a trial [it struck that part of [the] injunction "National Law Journal"] 2 : to remove (a prospective juror) from a venire 3 : to engage in a strike against (an employer) n 1 : the removal of a potential juror from a venire compare challenge 2 : a concerted work stoppage, interruption, or slowdown by a body of workers to enforce compliance with demands made on an employer see also rent strike Labor Management Relations Act in the Important Laws section compare job action economic strike : a strike that is brought against an employer because of a dispute regarding economic benefits or conditions (as wages) NOTE: Workers engaged in an economic strike can legally be replaced permanently. No-strike clauses in collective bargaining agreements ...
array
array : to set (a jury) for trial ;specif : to set (a jury) by calling out the names of the jurors one at a time compare impanel n : the group of people summoned to serve as jurors from which the jury will be chosen ;also : a list of the jurors' names see also challenge to the array at challenge compare venire ...
jury
jury pl: ju·ries [Anglo-French juree, from feminine past participle of Old French jurer to swear, from Latin jurare, from jur- jus law] : a body of individuals sworn to give a decision on some matter submitted to them ;esp : a body of individuals selected and sworn to inquire into a question of fact and to give their verdict according to the evidence occasionally used with a pl. verb [the are always to decide whether the inference shall be drawn "Oliver Wendell Holmes, Jr."] see also advisory jury, array, grand jury, inquest, jury nullification, petit jury, special jury, trial jury, venire Amendment VI to the Constitution in the back matter NOTE: The jury of American and English law most likely originated in early Anglo-Norman property proceedings, where a body of 12 knights or freemen who were from the area, and usually familiar with the parties, would take an oath and answer questions put to them by a judge in order to determine property rights. Jury verdicts began to be us...
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